(A) Authority to inspect. Rental units subject to this chapter shall periodically be made available for an inspection by the Building Commissioner or inspector for: Good cause; an annual housing inspection; re-inspections; prior to the time that a new tenant/occupant takes possession of the rental unit; or as otherwise permitted or required by this chapter or any other applicable laws.
(B) Requirement to permit inspections. Every owner and/or occupant of a rental unit located within the city shall, upon notice by the Building Commissioner, permit the inspection of the rental units as required by this chapter, as well as the real property on which such rental unit is located.
(C) Annual housing inspections. Every rental unit shall be made available for an inspection by an inspector, without other cause, for an “annual” inspection one time each year, upon at least 21 days’ notice to the owner and/or occupant of the rental unit. The inspector may cause each rental unit to be routinely inspected to ensure compliance with all applicable laws.
(D) Re-inspections. If, during any inspection of a rental unit any deficiency or violation of applicable laws is discovered, the owner of the rental unit shall permit an inspector to re-inspect the rental unit at any time after at least 72 hours’ notice to the owner and/or occupant of that rental unit.
(E) Vacancy inspections. The owner of each rental unit shall notify the Building Commissioner, in writing, on a form provided by the Building Commissioner any time a rental unit is vacated or will be leased or occupied by a different occupant and shall provide an inspector with an opportunity to inspect the rental unit, prior to the time the rental unit is occupied by a new occupant. Failure of an inspection to take place within three business days after the owner has proof that such notice form was received at the office of the Building Commissioner, due to the unavailability of an inspector, will not be cause to prevent the rental unit to be rented or occupied after that time.
(F) Complaint-based inspections. Nothing contained herein shall prevent or restrict the authority of an inspector or the city’s other enforcement officials to inspect any structure or premises on account of conditions observed or other information received, indicating the existence of code violations and/or violations of other applicable laws at such a property or structure, and to pursue all code enforcement remedies permissible under this chapter or other applicable laws following such a complaint-based inspection of any structure or premise.
(G) Voluntary inspection requests. Any owner or occupant may voluntarily request an inspection pursuant to this chapter to determine whether a rental unit complies with applicable laws, even if such an inspection may not yet be otherwise due pursuant to the requirements of this chapter. Such voluntary inspection requests shall be conducted at no cost as the Building Commissioner is available. However, such an inspection should be completed within ten business days if an inspection fee of $25 is paid.
(H) Immediate health and safety threats. Nothing in this chapter shall limit the city’s ability to inspect properties and institute enforcement action for property-related conditions that may constitute a violation of other laws, statutes, ordinances or regulations, or which pose an immediate health or safety threat.
(I) Deficiencies. As soon as practical following an annual inspection, vacancy inspection or re-inspection conducted by an inspector pursuant to this chapter, the Building Commissioner should provide the owner and/or occupant with written notice of deficiencies required to be remedied. A failure to notify or give an owner or occupant of a rental unit notice of each existing deficiency observed does not waive the right of the Building Commissioner to enforce all applicable laws at a later time.
(J) Certificate of compliance. As soon as practical following an annual inspection, voluntary inspection, vacancy inspection or re-inspection conducted by an inspector pursuant to this chapter, if no deficiencies are noted, a certificate of compliance should be issued to the owner and/or occupant of a rental unit.
(K) Remediation of violations. Any violation(s) or deficiencies which cause a rental unit not to receive a certificate of compliance after an inspection conducted pursuant to this chapter shall be remedied within 30 days of the time a notice of deficiencies is sent to the owner or occupant as set out in division (I) above.
(L) Inspection fees. No fee shall be charged for an annual inspection described above. A $25 fee shall be paid by the owner of a rental unit for each re-inspection occurring because of deficiencies discovered during an inspection. This re-inspection fee is a user fee, not a penalty. Likewise, a $25 fee shall be paid by the owner of a new rental unit for vacancy inspections.
(M) Failure to allow inspection. Owners and occupants of rental units shall make all reasonable efforts to ensure each rental unit is made available for inspection as required under this chapter. Failure to facilitate such an inspection in accordance with this chapter shall be cause for the Building Inspector to obtain an inspection warrant per I.C. 36-7-9-16. An occupant of a unit that objects to an inspection hereunder should express that objection, in writing, to the office of the Building Commissioner at 304 Main Cross, Charlestown, Indiana 47111 within ten calendar days of receiving notice of an inspection. Otherwise, if no objection is expressed by an occupant at that time, then each day an owner or occupant does not permit an inspector to enter a rental unit for purpose of conducting an inspection after notice has been provided under this chapter is a separate offense.
(N) Presumption a rental unit is unfit for habitation. If notice of the inspection of a rental unit is provided to an owner and/or occupant and no objection to the inspection is made in a timely manner by an occupant of the rental unit the inspector may perform an inspection. If an inspector arrives for an inspection and is not permitted to enter for purpose of conducting an inspection, when required by this chapter, the rental unit shall be presumed to be unfit for habitation. In that case, after notice to the owner and/or occupant of that rental unit, the Building Commissioner may order that utility services to that rental unit be discontinued, until an inspector is allowed access to the rental unit and an inspection of the rental unit is completed. The cost of utility service disconnection/reconnection shall be borne by the owner and/or occupant of the rental unit and not the city.
(Ord. 2016-OR-2, passed 2-1-2016) Penalty, see § 151.99